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WAGH v. METRIS DIRECT, INC.

No. 02-15580.

363 F.3d 821 (2003)

Shirish WAGH, Plaintiff-Appellant, v. METRIS DIRECT, INC.; Metris Direct Services, Inc.; Metris Companies, Inc.; Directalert, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 7, 2003.

As Amended on Denial of Rehearing December 15, 2003.

Attorney(s) appearing for the Case

Ernest M. Thayer, San Francisco, CA, for the Plaintiff-Appellant.

Tomio B. Narita and David B. Moyer, Wineberg, Simmonds & Narita LLP, San Francisco, CA, for the Defendants-Appellees.

Before B. FLETCHER, TASHIMA, Circuit Judges, and POLLAK, District Judge.

OPINION

BETTY B. FLETCHER, Circuit Judge:

Plaintiff-Appellant Shirish Wagh appeals the United States District Court's Fed.R.Civ.P. 12(b)(6) dismissal of his civil RICO action against Metris Direct, Inc.; Metris Direct Services, Inc.; Metris Companies, Inc.; and DirectAlert ("Defendants-Appellees" or "Metris Direct") for failure to state a claim. Wagh argues that the district court erred in dismissing with prejudice his claims brought under 18 U.S.C. §...

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